Houston County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Houston County?

Licensed cannabis cultivation in Houston County is legal. However, this is limited to the cultivation of cannabis containing low tetrahydrocannabinol (THC) and used for medical treatment only according to the State of Georgia’s Georgia House Bill 1 (HB 1), also called Haleigh’s Hope Act, enacted and effective in 2015, and Georgia House Bill 324 (HB 324), also called Georgia’s Hope Act, enacted and effective in 2019. Low-THC cannabis is defined in HB 1 as cannabis that contains less than 5% THC.

The Georgia Access to Medical Cannabis Commission (GMCC) grants licenses for low-THC medical cannabis businesses. A company must be granted either a Class 1 or Class 2 production license to legally cultivate cannabis in Houston County.

Only two Class 1 low-THC medical cannabis production licenses and four Class 2 low-THC medical cannabis production licenses will be issued statewide by the GMCC and applications were only accepted up to January 27, 2021. The two Class 1 low-THC medical cannabis production licenses were already given out on September 21, 2022, with holders required to operate on or before September 2023. As of June 2023, no Class 2 low-THC medical cannabis production licenses have been issued by the GMCC.

The maximum cannabis crop growing area of Class 1 low-THC medical cannabis production licensees is 100,000 square feet. On the other hand, the maximum cannabis crop growing area of Class 2 low-THC medical cannabis production licensees is only 50,000 square feet. All classes of cannabis production licensees are only allowed to grow their crops indoors.

The following are the fees that each low-THC medical cannabis production licensee must pay:

No type of licensed low-THC medical cannabis production facility is allowed at a distance of 3,000 feet or less from any childcare center, school, or church. Each licensed production facility may be inspected yearly and separately by the Georgia Bureau of Investigation and the GMCC. The licensed production facility must also immediately comply with any inspection by county or municipality authorities.

HB 324 prohibits Class 1 and Class 2 licensed production facilities to apply on their low-THC cannabis crops any type of artificial pesticide being regulated by the Georgia Department of Agriculture. All low-THC medical cannabis production licensees must monitor and document their cannabis inventory in a tracking system that covers every activity from planting to trimming, drying, curing, oil extraction, and waste disposal.

Is Cannabis Manufacturing Legal in Houston County?

Licensed cannabis product manufacturing in Houston County is legal but for low-THC medical cannabis oil and specific low-THC medical cannabis oil products according to the State of Georgia’s HB1 and HB 324. The extraction of low-THC medical cannabis oil is covered by the same Class 1 and Class 2 low-THC medical cannabis production licenses that cover cultivation. Therefore, a company that intends to produce low-THC medical cannabis oil and the permissible low-THC medical cannabis oil products in Houston County must comply with the same set of requirements for application, payment of fees, location limitations, yearly inspections, and tracking for inventory.

Class 1 and Class 2 low-THC medical cannabis production licensees may only produce low-THC medical cannabis oil in the form of capsules, tinctures, lotions, and transdermal patches. Cannabis-infused food products are not allowed. Also prohibited are products meant for vaporization such as vaping cartridges, electronic pipes, and electronic cigarettes.

Each batch of low-THC medical cannabis oil and low-THC medical cannabis oil products of Class 1 and Class 2 low-THC medical cannabis production licensees must undergo testing by random sampling by an independent laboratory certified by the GMCC. The samples must have the proper THC level and not be contaminated in any way by pesticides, heavy metals, remaining solvents, and pathogens, among others. If a sample does not pass the test, the entire batch it represents must immediately be destroyed by the licensee and proof of such destruction be submitted to the GMCC.

Is Cannabis Retail Legal in Houston County?

Licensed cannabis retail in Houston County is legal but HB1 and HB 324 of the State of Georgia restrict this to the selling of only low-THC medical cannabis oil and the permitted low-THC medical cannabis oil product forms exclusively to medical cannabis cardholders 20 fluid ounces or its equivalent at a time.

The 2023 GMCC Annual Report states that according to HB 324, the GMCC is authorized to issue five low-THC medical cannabis dispensing licenses each to Class 1 and Class 2 low-THC medical cannabis production licensees. Once the number of patients in the Georgia Department of Public Health’s (DPH) Low THC Oil Registry reaches the 25,000 mark, each production licensee may be granted one more dispensary license. Another dispensary license may be granted to each production licensee for every 10,000 patients added after that. As of March 9, 2023, there were 27,257 patients in the registry.

As of May 24, 2023, six low-THC medical cannabis dispensary licenses have been issued in the State of Georgia, all under the two Class 1 low-THC medical cannabis production licensees. None of them are in Houston County.

The low-THC medical cannabis dispensing license must be applied for by the company from the GMCC. Based on county tiers, wherein Tier 1 counties are the poorest, the following fees apply:

Is Cannabis Delivery Legal in Houston County?

The legality of low-THC medical cannabis oil and low-THC medical cannabis oil product delivery to medical cannabis cardholders is not mentioned in the State of Georgia’s HB1 and HB 324.

However, according to HB 324, the transportation of low-THC medical cannabis oil and its permitted product forms among the facilities of the same low-THC medical cannabis licensee is allowed. This comes with the requirement for proper tracking and adequate security. Since Class 1 and Class 2 low-THC medical cannabis production licensees are not prohibited from applying for a low-THC medical cannabis dispensary license, it is possible for a single owner to have production and dispensary facilities and transport low-THC medical cannabis oil between them.

How to Get a Medical Marijuana Card in Houston County

Houston County residents who need medical cannabis treatment must get a medical cannabis card from the Georgia DPH through the respective state-licensed physicians who have been treating them for their medical conditions. The patient must print and sign the Low-THC Oil Waiver from the Low-THC Oil Registry online page and submit this to the physician. The patient or the physician must also print the Low-THC Oil Physician Certification from the same page.

If the physician has diagnosed the patient with one of the illnesses listed below, the physician will send both forms electronically to the Georgia DPH:

• Cachexia or intractable nausea and vomiting from cancer treatment
• Mitochondrial disease
• Autism spectrum disorder in persons aged at least 18
• Intractable pain
• PTSD from trauma in persons aged at least 18
• Epidermolysis bullosa
• Severe autism in persons below 18
• Severe Tourette’s syndrome
• Seizure disorders
• Crohn’s disease
• Sickle cell disease (end-stage or severe)
• Parkinson’s disease (end-stage or severe)
• Alzheimer’s disease (end-stage or severe)
• AIDS (end-stage or severe)
• Peripheral neuropathy (end-stage or severe)
• Cancer (end-stage)
• Multiple sclerosis (end-stage or severe)
• Amyotrophic lateral sclerosis (end-stage or severe)
• Illnesses requiring hospice care

If the patient is below the age of 18, or is an adult who needs assistance, the physician will indicate the need for a caregiver or several caregivers in the certification. The physician will keep the originals of both forms but copies may be requested by the patient.

It will take around 15 days for the DPH to process the medical cannabis cards of the patient and caregiver. If approved, the patient and caregiver will be contacted and asked to choose from among the following public health offices from where they could pick up their cards and pay the fee of $25 each:

• Whitfield County
• Ware County
• Troup County
• Sumter County
• Richmond County
• Muscogee County
• Lowndes County
• Laurens County
• Hall County
• Fulton County
• Dekalb County
• Colquitt County
• Cobb County
• Clarke County
• Cherokee County
• Chatham County
• Carroll County
• Bibb County

The medical cannabis card is valid for 24 months and may be renewed.

The Georgia DPH Low THC Oil Unit may be contacted through the following:

Phone: (770) 909-2765

Email: THCRegistry@dph.ga.gov

How Has Cannabis Legalization Impacted the Economy of Houston County?

HB 324 of the State of Georgia subjects all low-THC medical cannabis oil and low-THC medical cannabis oil product sales to all relevant sales and use taxes. According to the General Rate Chart of the Georgia Department of Revenue, the sales and use tax rate of the state is 4% for July 1 to September 30, 2023. Furthermore, all fees paid by low-THC medical cannabis businesses must be sent by the GMCC to the state.

According to the 2023 GMCC Annual Report, the GMCC had collected as of January 1, 2023, a total of $400,000 only from Class 1 low-THC medical cannabis production license fees. For the entire fiscal year 2023, the Commission projected a total collection of $1.28 million from application fees, license fees, and registration fees for Class 1 and Class 2 low-THC medical cannabis production licenses, low-THC medical cannabis dispensaries, and independent testing laboratories.

The Effects of Cannabis Legalization on Crime Rates in Houston County

Low-THC medical cannabis was first legalized in Houston County in 2015 but dispensary licenses were only issued in April and May 2023.

On the FBI’s Crime Explorer page, data sent by the Houston County Sheriff's Office shows that in 2014, a year before the legalization of medical cannabis, there were 117 arrests for marijuana offenses, comprised of 115 arrests for possession and two arrests for sales.

In 2016, a year after the legalization of medical cannabis, there were 165 arrests for marijuana offenses, comprised of 162 arrests for possession and three arrests for sales.

The latest data available, which is from 2018, shows 231 arrests for marijuana offenses, comprised of 229 arrests for possession and two arrests for sales.

In those years, the number of DUI arrests was as follows:

• 2014: 76 arrests
• 2016: 118 arrests
• 2018: 85 arrests